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New York Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for New York on
Q: I want to take my kid and visit our relatives on Christmas but my husband doesn’t let me ,we’re legally still married

Can he accuse me if I take our kid to this trip in other state (7 hours from home)without his consent?

Howard E. Knispel
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Howard E. Knispel
answered on Dec 19, 2024

Accuse you of what? I assume there is no court order forbidding this. You are returning with the children. You are doing nothing "illegal" or "unethical". You are their parent. Unless your relatives are a danger to the children I see nothing wrong legally.

2 Answers | Asked in Estate Planning, Family Law and Probate for New York on
Q: What do I do if I didn't get 25% of a life insurance policy left to me in mom and dad's will?

It was in the closing paperwork. My attorney told me to look it up online. He hasn't been any help. The paperwork never even stated how much I was supposed to get.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 15, 2024

Life insurance is not typvally distributed by a will. It has named beneficiaries. If you are not named as a beneficiary in the insurance policy, you are not receiving anything from it directly.

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2 Answers | Asked in Divorce and Family Law for New York on
Q: Hi my name is glory-now we want to get divorce after 17 years.can I get the alimony? And the pension?Thank you!!
Howard E. Knispel
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Howard E. Knispel
answered on Dec 15, 2024

NY state does not have "alimony". It has spousal support or maintenance, which is limited and depends on the respective income and length of marriage. retirement accounts, including pensions, are property subject to equitable distribution. You may be entitled to a portion of the... View More

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: How can I get holidays and weekends with my daughter ?

I only get to see my daughter from Monday to Thursday from 2pm to 530pm for after school care

Howard E. Knispel
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Howard E. Knispel
answered on Dec 12, 2024

Do you have a court order with your visitations spelled out? If not you need to get one. If you have one and want more time, do a modification petition. You can go to Family Court. See a lawyer.

0 Answers | Asked in Family Law for New York on
Q: I need help filing an application for interim relief from a family court order in NYC.

temporary order of protection i seeki relief from

2 Answers | Asked in Family Law, Products Liability and Health Care Law for New York on
Q: Am I able to refuse erythromycin (eye ointment) for my newborn in the state of NY?

I am baffled as my cursory read of this topic suggests the answer is no. If the mother (i.e. my wife) tests negative for both gonorrhea and chlamydia (which she will) and the rate at which infants are born with conjunctivitis (pink eye) is <2% (materially less), then how could it be that my... View More

Howard E. Knispel
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Howard E. Knispel
answered on Dec 5, 2024

Why would you want to. It is safe and prevents blindness.

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2 Answers | Asked in Family Law for New York on
Q: I had a friend serve my child’s father the child support papers ever since then I’ve been receiving threats

And people are mentioning my child . I am scared for me and my children safety. What should I do ? And can he ask for visitation if the petition was filed for Support only ?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 4, 2024

Support parts in Family Court do not address visitation matters. That would go to a different Judge. If you are receiving threats and fear for your safety, you may file for an order of protection. You might want to speak to an attorney.

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2 Answers | Asked in Real Estate Law and Family Law for New York on
Q: who do we contact to confirm death of a parent in nyc and if there was a will or property left to next of kin?

my wife's estranged father died earlier this year (possibly June) in nyc. she is the only child and it is believed he lived in the coop her mother owned and is now deseased as well. if that is the case, would like to know if she has a right to that property.

Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 2, 2024

Your wife may be able to contact the NYC Department of Health and Mental Hygiene since she is next of kin She may be able to request a copy of the death certificate. She can apply online, by mail, or in person. Death certificates are necessary for most estate-related matters. NYC Vital Records:... View More

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2 Answers | Asked in Family Law and Child Support for New York on
Q: I'm the custodial parent of 23y and 18y old boys. Dad paid $700 per month since 2014. He stopped in June 24.

I make $130,000 and he $30,000 on books. What are my options?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024

One option is to do nothing. There is no requirement that citizens appear in court and report that the other parent is not paying money to the custodial parent for the child. Another option is to go to a family court and file a petition seeking enforcement. A lawyer is a necessity in today's... View More

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4 Answers | Asked in Criminal Law and Family Law for New York on
Q: Can THEY put me in jail ?

I have five children and a husband.. and last week my husband put a restriction order against me I didn't know that..my older daughter and son They testified against me along with my husband..My daughter is 15 years old and she hates me because I don't want her drug addict... View More

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2024

Given the circumstances and your clean record it is unlikely that you will face Jail. Hire a good criminal lawyer. This case seems to cry out for what in New York is an ACD Adjournment in Contemplation of Dismissal. It may require a mental health assessment but a Good criminal Lawyer can guide... View More

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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Q: Hello. Question. My husband's mother transferred shares of a cooperative apartment to his name.

Hello. Question. My husband's mother transferred shares of a cooperative apartment to his name. This was done during the marriage, but his mother registered the title to the apartment only in my husband's name. Now my husband has decided to make a will and a trust, but he has indicated... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 24, 2024

A gift to your spouse is not marital property even if given during the marriage unless it is comingled or transmuted. However, upon death, there are protections for a current spouse regardless of the will. New York has a "right of election" that allows a spouse to disregard the will and... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Is Sunday included as part of a "Friday through Sunday" parenting time schedule?

The schedule reads as follow:

Week 1 - Monday, Thursday, Friday through Sunday

Week 2 - Monday, Tuesday, Thursday

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 16, 2024

The child(ren) would need to be returned to the custodial parent on Sunday. If there is no time indicated, then it would normally be a reasonable time based on age.

1 Answer | Asked in Adoption, Child Custody and Family Law for New York on
Q: How do I get my child returned to me from nys foster care?

I have done what the county has asked. I have gotten repeat evaluations for substance abuse and mental health. All have said no treatment needed. The caseworker has told false information to service providers about me. She has also attempted to create a diagnosis with a counselor I had never met... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

Aside from a general political overview, there is little to say in response to this question. Politics drive the protection of children. This means the federal government pays each state of the union to prosecute bad mothers. Mothers are presumed to be bad and in need of "services" until... View More

2 Answers | Asked in Divorce and Family Law for New York on
Q: How does divorce work if married in 2 countries with the same person?

My father wants a divorce and currently lives in the U.S and my mother lives in Mexico and hasn’t been in the United States in over 10 years. How would the divorce work? If they get divorced here will they still be married in Mexico ?

Norka M. Schell
Norka M. Schell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2024

Thank you for reaching out. The divorce process for your parents will involve considering the laws of both the United States and Mexico.

Since your parents were married in Mexico and also obtained a marriage license in the United States, it's essential to determine which country's...
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2 Answers | Asked in Family Law, Adoption and Civil Rights for New York on
Q: Can judge and attorney repeatedly Request me to admitt guilt in a violation hearings . I didn’t want to. But I did.

I began testifying in a violation fact finding trial brought on by CPS. Suddenly, the judge stopped me and had a private meeting with attorneys. My attorney then suggested to me that I admit guilt as it is favorable to the judge I said I didn’t want to because I would be silenced and I want... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 6, 2024

In a neglect case CPS usually requests an admission so as to try to start the Respondent to repair their relationship with the child through social services such as parenting classes, rehab or whatever is required depending on the accusations. You do not have to admit and can request a hearing.... View More

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2 Answers | Asked in Child Custody, Civil Rights, Constitutional Law and Family Law for New York on
Q: How do I get my attorney to file a 388 return of child petition? She has been failing me due to misconduct.

My son is 6, autistic and being detained in foster care for two years. He had left the inside of our home and went out to play in the driveway unattended several times. I had him evaluated turning a diagnosis of autism. He has left the foster home and school undetected also. He is being abused I... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 6, 2024

Is this a NY case? There is no 388 petition. Either this case is for a different state in which case you should repost as such, or you are being misled by your Google research. Talk to your lawyer.

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1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: Unsupervised visitation with someone who verbalized a hearing impairment and has had very limited contact with child ?

My son's father is not on child support and left NY in 2021, permanently, for a truck driving job across the country. He has requested visits randomly and has been allowed to see his son at my home, in the part, or play areas as well as sporadic phone calls. There is not a custody order but I... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024

The typical father will get roughly half time with his child. Impediments include criminal convictions and child abuse findings where the father hurt the subject child. Otherwise, there is no reason to withhold the child.

Hearing impairments are irrelevant. Limited contact is irrelevant. As...
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3 Answers | Asked in Family Law and Child Support for New York on
Q: I have 2 children, 18 and 16. Ex wants me to pay half for 18 yr olds vehicle. I said I would pay for 16 yr olds vehicle

18yr old lives with ex;; 16 lives with me. Decree does not address topic. I do not want to pay for a vehicle that I don’t own, insure or have control over especially when there is another child that will need a vehicle in 12 months.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2024

The only possible way for the asker to be responsible for paying for one half of a vehicle is if his order of support - whether contained in a judgment of divorce or otherwise - contained a specific provisions for him to provide vehicles.

Vehicles are not ordinarily a part of an order of...
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1 Answer | Asked in Family Law for New York on
Q: My son’s father lives out of state. We have a parenting contract as he suddenly decided to move.

He is supposed to go to see him out of state 12/19-12/29 but is refusing to give me flight information. If I do not receive it can I deny him the right to take him? He does not pay child support bc he is going off the divorce agreement when he lived in NYS.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2024

We do not know and are not told if the "parenting contract" is ordered by the family court or is an informal contract entered into by the parents. If the contract is ordered by a judge in a family court, then the parties must adhere to its requirements or face sanctions. The visiting... View More

2 Answers | Asked in Family Law and Legal Malpractice for New York on
Q: My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vac

My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vaccines. They spent first 6 years of life horribly sick, the spern bank we used was Manhattan Cryo. I am curious if we have a chance at settlement. Their medicall care require... View More

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2024

I'm sorry for your ordeal. The most reliable way to answer your question would be to reach out to law firms to discuss in further detail. There are a number of issues and entities to sort out here, and it isn't fully clear who you deem to be the liable party (or parties?). It would depend... View More

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